South Carolina
South Carolina Workers' Compensation Laws: Benefits, Deadlines, and Your Rights
South Carolina requires most employers with four or more employees to carry workers' compensation insurance. If you are injured on the job, you receive guaranteed medical care and partial wage replacement regardless of who was at fault, and in exchange you give up the right to sue your employer in civil court.
Is workers' comp required in South Carolina?
South Carolina law mandates workers' compensation coverage for any employer that regularly employs four or more workers. If your employer meets that threshold and fails to carry coverage, S.C. Code 42-5-40 gives you a choice: you can still claim compensation under the Act, or you can sue the employer at law for damages. You do not lose your workers' comp rights because your employer broke the insurance rules, and the state's Uninsured Employers' Fund stands behind awards against uninsured employers. The state agency that oversees the system is the South Carolina Workers' Compensation Commission (SCWCC). The Commission administers claims, resolves disputes, approves settlements, and enforces the Workers' Compensation Act under S.C. Code Title 42. Employers with fewer than four employees are exempt from the mandate, though they may carry coverage voluntarily. Certain workers, including railroad employees and some farm laborers, are excluded from coverage under the Act regardless of employer size.
Benefits you can receive
Workers' compensation in South Carolina covers two broad categories of benefits: medical and wage replacement.
Medical benefits pay for all reasonable and necessary treatment your authorized physician orders, including doctor visits, surgery, hospitalization, physical therapy, prescriptions, and medical equipment. You pay no copay or deductible for authorized care.
Wage-replacement benefits begin after a 7-day waiting period. The rate is 66 2/3% of your average weekly wage (AWW), calculated over the 52 weeks before your injury, up to a statewide maximum the Commission adjusts each year. If your disability lasts more than 14 days, those first 7 days of lost wages are paid retroactively.
South Carolina recognizes several disability categories. Temporary Total Disability (TTD) applies when you cannot work at all while recovering. Temporary Partial Disability (TPD) applies when you return to lighter-duty work at reduced pay. Permanent Partial Disability (PPD) covers lasting impairment to a specific body part, calculated from a statutory schedule of weeks set out in S.C. Code 42-9-30. Permanent Total Disability (PTD) is available for catastrophic injuries, such as loss of both eyes, both hands, or comparable losses. Death benefits cover burial expenses and wage replacement for eligible dependents.
Vocational rehabilitation is available when your injury prevents you from returning to your previous occupation.
Deadlines: reporting your injury and filing a claim
Two separate clocks govern every South Carolina workers' comp case, and missing either one can end your claim.
Clock 1: Report to your employer. You must give your employer notice of your injury within 90 days of the accident. S.C. Code 42-15-20 does not require that notice to be in writing, and it lets the Commission excuse late notice where you show a reasonable excuse and the employer was not prejudiced. Even so, the sooner you report, the better. Delaying notice can give the insurer grounds to dispute your claim, and waiting until the 90-day deadline is risky. Put your notice in writing anyway, because it is the cleanest proof that you gave it. For repetitive trauma, the 90 days run from the date you discovered, or reasonably could have discovered, that your condition is compensable.
Clock 2: File a formal claim. You have 2 years from the date of the accident to file a claim with the South Carolina Workers' Compensation Commission. Missing this statute of limitations bars your claim, regardless of how serious your injury is. The starting date is different for two categories of injury under S.C. Code 42-15-40. For an occupational disease, the two years do not begin until you have been definitively diagnosed and notified of the diagnosis. For a repetitive trauma injury, the two years run from when you knew or should have known the injury is compensable, subject to an outer limit of seven years after your last injurious exposure. If you are unclear whether you are within the window, consult an attorney before assuming either that you have time to wait or that you are already too late.
Choosing your doctor
South Carolina is an employer-directed state. Your employer and its insurance carrier have the right to select the authorized treating physician from the outset. You must treat with that physician to receive coverage for your medical costs. If you see a doctor of your own choosing without authorization, you generally cannot recover those costs through workers' comp.
This is one of the most important practical rules to understand. Going to an unauthorized provider, even in good faith, can create disputes about whether your treatment was reasonable and necessary.
If you have concerns about your authorized physician or believe your treatment is inadequate, you have the right to request a change of physician. The change must be approved by the South Carolina Workers' Compensation Commission. In practice, getting Commission approval for a change requires showing a good-faith reason, such as a breakdown in the doctor-patient relationship or a conflict of interest. Disputes about medical treatment are handled before a single commissioner.
Can you sue your employer? The exclusive-remedy rule
Workers' compensation is the exclusive remedy for most workplace injuries in South Carolina. By accepting no-fault benefits under the Act, you give up the right to sue your employer in civil court for negligence, even if employer carelessness directly caused your injury.
The exclusive-remedy rule has limited exceptions:
- Intentional harm. If your employer or a co-worker acted with specific intent to injure you (not mere negligence or recklessness), you may be able to pursue a tort claim. Courts apply a strict standard, and careless or even grossly negligent conduct does not satisfy this exception.
- Third-party claims. If someone other than your employer caused your injury (for example, a negligent driver who hit you while you were making a delivery, or the manufacturer of defective equipment), you can sue that third party in civil court while also receiving workers' comp benefits. The insurer may have a lien on any third-party recovery.
- Uninsured employer. If your employer was required to carry workers' comp but did not, S.C. Code 42-5-40 lets you elect your route: claim compensation under the Act, or bring an action at law against the employer for damages. You do not lose the workers' comp remedy. If you take it, the Commission notifies the state Uninsured Employers' Fund, which under S.C. Code 42-7-200 pays or defends the claim and then pursues the employer to recover what it paid out.
If you are uncertain whether an exception applies to your situation, an attorney can evaluate the facts.
If you were hurt at work in South Carolina
Taking the right steps early protects your benefits and your legal rights.
Step 1: Report in writing immediately. Do not rely on a verbal report. Put your notice in writing and keep a copy. The 90-day deadline is unforgiving, and written notice creates a clear record.
Step 2: Seek authorized medical care. Your employer's insurer will designate an authorized physician. Treat with that provider. If you need emergency care, go to the nearest emergency room. Report that this is a work injury from the start.
Step 3: File your claim before 2 years pass. If your employer's insurer is handling benefits voluntarily, you may not need to formally file right away. But if there is any dispute, file a claim with the South Carolina Workers' Compensation Commission promptly. Do not wait until close to the deadline.
Step 4: Document everything. Keep copies of all medical records, bills, correspondence with the insurer, and records of lost wages. A written diary of your symptoms and treatment can help your case.
Step 5: Consult an attorney for disputes. Workers' comp attorneys in South Carolina typically work on contingency (a percentage of the settlement) and charge no upfront fee. If the insurer denies your claim, disputes your injury, or pushes a low settlement, see whether a South Carolina workers' comp lawyer would represent you before the Commission, starting with a free case evaluation (attorney advertising). A quick check of our South Carolina workers' comp settlement calculator gives you a rough range of your own to compare against that number.
This article is general legal information, not legal advice. Workers' compensation rules vary by state and change, and benefit amounts and deadlines depend on the specific facts. For advice about a specific claim, consult a licensed workers' compensation attorney in South Carolina.
Related pages
More South Carolina Laws
- South Carolina At-Will Employment Laws
- South Carolina Car Accident Laws
- South Carolina Final Paycheck Laws
- South Carolina Slip and Fall Laws
- South Carolina Statute of Limitations
Frequently Asked Questions
Is workers' comp required in South Carolina?
Yes. Any employer with four or more employees must carry workers' compensation insurance under S.C. Code Title 42. Employers with fewer than four workers are exempt, though they may voluntarily provide coverage. Certain categories of workers, such as railroad employees and some agricultural workers, are excluded regardless of employer size.
How long does workers' comp last in South Carolina?
Temporary total disability (TTD) benefits continue while you are fully unable to work due to your injury. Once you reach maximum medical improvement (MMI), your physician evaluates any permanent impairment. Permanent partial disability (PPD) benefits are paid for a set number of weeks based on the body part affected, as listed in the statutory schedule. Permanent total disability benefits can continue for life in catastrophic-injury cases.
How much does workers' comp pay in South Carolina?
Wage replacement is 66 2/3% of your average weekly wage, up to a maximum the South Carolina Workers' Compensation Commission sets each year. There is a 7-day waiting period before wage benefits start. If your disability lasts more than 14 days, those first 7 days are paid retroactively.
Can I be fired while on workers' comp in South Carolina?
South Carolina law prohibits employers from firing or discriminating against an employee solely because they filed a workers' compensation claim. If you believe you were terminated in retaliation for a workers' comp claim, you may have a separate legal claim against your employer. Consulting an attorney promptly is advisable because retaliation claims have their own deadlines.
Can I choose my own doctor in South Carolina?
No, not initially. South Carolina is an employer-directed state, meaning your employer and its insurer select the authorized treating physician. You must treat with that provider for your care to be covered. If you want to change doctors, you must request Commission approval. Seeing an unauthorized physician on your own typically results in those costs not being covered.
How long do I have to file a workers' comp claim in South Carolina?
You have 2 years from the date of the accident to file a formal claim with the South Carolina Workers' Compensation Commission. For an occupational disease the two years start when you are definitively diagnosed and notified of the diagnosis, and for a repetitive trauma injury they start when you knew or should have known the injury is compensable, with an outer limit of seven years after the last injurious exposure. Separately, you must give your employer notice of the injury within 90 days; the statute does not require that notice to be in writing, though writing is far easier to prove. Missing either deadline can bar your claim, so it is important to act promptly.
Can I sue my employer for a workplace injury in South Carolina?
Generally no. Workers' compensation is the exclusive remedy against your employer for most workplace injuries. You cannot sue your employer in civil court for negligence, even if their carelessness caused your injury. Narrow exceptions exist for intentional harm and for an employer that was required to carry coverage and did not. In that second situation S.C. Code 42-5-40 lets you choose between a workers' comp claim and a damages suit, so the comp route stays open to you. You may also pursue a civil lawsuit against a third party (not your employer) who contributed to your injury.
Updates
Corrected the uninsured-employer section to explain that South Carolina law lets an injured worker choose between a workers' compensation claim and a damages suit rather than losing the comp remedy, clarified that the 90-day injury notice does not have to be in writing, and added the occupational-disease and repetitive-trauma start dates for the two-year filing deadline.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 42: WORKERS' COMPENSATION
§ 42-1-310Presumption of acceptance of provisions of titleIn force
Every employer and employee, except as stated in this chapter, shall be presumed to have accepted the provisions of this title respectively to pay and accept compensation for personal injury or death by accident arising out of and in the course of the employment and shall be bound thereby.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at scstatehouse.gov
§ 42-15-20Notice to employer of accident or repetitive traumaIn force
(A) Every injured employee or his representative immediately shall on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a notice of the accident and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this title prior to the giving of such notice, unless it can be shown that the employer, his agent, or representative, had knowledge of the accident or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity or the fraud or deceit of some third person. (B) Except as provided in subsection (C), no compensation shall be payable unless such notice is given within ninety days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the commission for not giving timely notice, and the commission is satisfied that the employer has not been prejudiced thereby.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Bailey v. Covil Corp. (Supreme Court of South Carolina 1987, 291 S.C. 417)“…White, supra; Drake, supra; Hanks, supra; S. C. Code Ann. § 42-15-20 (1985). The filing of the claim in this…”
- Nero v. S.C. Dep't of Transp. (Court of Appeals of South Carolina 2017, 420 S.C. 523)“…9 , 237, 565 S.E.2d 286 , 290 (2002) ("Pursuant to S.C. Code Ann. § 42-15-20 (1985), notice to the employer must b…”
- White v. Orr-Lyons Mills (Supreme Court of South Carolina 1985, 287 S.C. 174)“…mployer within ninety days of its occurrence as required by S. C. Code Ann. § 42-15-20 (Law. Co-op. 1976); (2) respondent fail…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 42-15-40Time for filing claim; filing by registered mailIn force
The right to compensation under this title is barred unless a claim is filed with the commission within two years after an accident, or if death resulted from the accident, within two years of the date of death. However, for occupational disease claims the two-year period does not begin to run until the employee concerned has been diagnosed definitively as having an occupational disease and has been notified of the diagnosis. For the death or injury of a member of the South Carolina National Guard, as provided for in Section 42-7-67, the time for filing a claim is two years after the accident or one year after the federal claim is finalized, whichever is later. The filing required by this section may be made by registered mail, and the service within the time periods set forth in this section constitutes timely filing. For a "repetitive trauma injury" as defined in Section 42-1-172, the right to compensation is barred unless a claim is filed with the commission within two years after the employee knew or should have known that his injury is compensable but no more than seven years after the last date of injurious exposure.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- Mauldin v. Dyna-Color/Jack Rabbit (Supreme Court of South Carolina 1992, 308 S.C. 18)“…rcuit court, finding that petitioner’s claim was barred by S.C. Code Ann. § 42-15-40 (1976). After review of the record and…”
- Hanks v. Blair Mills, Inc. (Court of Appeals of South Carolina 1985, 286 S.C. 378)“…onal disease and is notified of the diagnosis. S. C. Code Ann. Section 42-15-40 (1976). On June 28,1979, Dr. Douglas di…”
- Goff v. Mills (Supreme Court of South Carolina 1983, 279 S.C. 382)“…le injury in 1960. The circuit court retroactively applied S.C. Code Ann. § 42-15-40 (1976) as amended, and reversed. Fir…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 42-9-30Schedule of period of disability and compensationIn force
In cases included in the following schedule, the disability in each case is considered to continue for the period specified and the compensation paid for the injury is as specified: (1) for the loss of a thumb sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks; (2) for the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks; (3) for the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks; (4) for the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks; (5) for the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks; (6) the loss of the first phalange of the thumb or any finger is considered to be equal to the loss of one half of such thumb or finger and the compensation must be for one half of the periods of time above specified; (7) the loss of more than one phalange is considered the loss of the entire finger or thumb; provided, however, that in no…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Lyles v. Quantum Chemical Co. (Emery) (Court of Appeals of South Carolina 1993, 315 S.C. 440)“…anently disabled and entitling him to benefits pursuant to S.C. Code Ann. § 42-9-30 (19). The full commission and the circu…”
- Fields v. Owens Corning Fiberglas (Supreme Court of South Carolina 1990, 301 S.C. 554)“…cal impairment to the whole man” as a scheduled loss under S.C. Code Ann. § 42-9-30 (1985). The full commission and the cir…”
- Brown v. OWEN STEEL CO., INC. (Court of Appeals of South Carolina 1994, 316 S.C. 278)“…heduled member Section 42-9-30 of the South Carolina Code. S.C. Code Ann. § 42-9-30 (1976). The circuit court affirmed. Br…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 42-5-40Penalty for failure to secure payment of compensationIn force
Any employer required to secure the payment of compensation under this title who refuses or neglects to secure such compensation shall be punished by a fine of one dollar for each employee at the time of the insurance becoming due, but not less than ten dollars nor more than one hundred dollars for each day of such refusal or neglect, and until the same ceases, and he shall be liable during continuance of such refusal or neglect to an employee either for compensation under this title or at law in an action instituted by the employee or his personal representative against such employer to recover damages for personal injury or death by accident and in any such action such employer shall not be permitted to defend upon any of the grounds mentioned in Section 42-1-510. The fine provided in this section may be assessed by the commission in an open hearing with the right of review and appeal as in other cases. All fines collected pursuant to this section must be submitted to the general fund.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2001
Opinions citing this section in our collection:
- Simons ex rel. Estate of Simons v. Longbranch Farms, Inc. (Court of Appeals of South Carolina 2001, 345 S.C. 277)“…n workers’ compensation coverage and therefore, pursuant to S.C.Code Ann. § 42-5-40 (1985), could not claim exclusivity of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 42-7-200Workers' Compensation Uninsured Employers' Fund; claims; collection powers; reimbursement agreements; fundingIn force
(A)(1) There is hereby established, within the office of the Second Injury Fund, the South Carolina Workers' Compensation Uninsured Employers' Fund. This fund is created to ensure payment of workers' compensation benefits to injured employees whose employers have failed to acquire necessary coverage for employees in accordance with provisions of this section. The fund must be administered by the Director of the Second Injury Fund, who shall establish procedures to implement this section, until June 30, 2013.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Burrowa v. Poston's Auto Service (Court of Appeals of South Carolina 2004)“…rincipally or only derivatively or vicariously liable. S.C. Code Ann. § 42-7-200 (Supp. 2002). The cardinal rule of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- South Carolina Workers' Compensation Commission(wcc.sc.gov).gov
- S.C. Code Title 42 (Workers' Compensation Act)(scstatehouse.gov).gov
- S.C. Code 42-15-20 (notice of accident) and 42-15-40 (time for filing claim)(scstatehouse.gov)
- S.C. Code 42-5-40 (penalty for failure to secure payment of compensation; employee election of compensation or action at law)(scstatehouse.gov)
- S.C. Code 42-7-200 (South Carolina Workers' Compensation Uninsured Employers' Fund)(scstatehouse.gov)
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